AMEERJAN, MUTHAVALLI, ATTESHKHAN, RAHIM KHAN, DARVESH THAIKKA, PALAYAPETTAI AND TIRUNELVELI Vs. P. NARAYANAN AND OTHERS

JUDGEMENT

(1.) In this civil revision petition, the Judgment and Decree, dated 17.01.2006, passed in O.S. No. 68 of 1999, on the file of the Principal Sub Court/Wakf Tribunal, Tirunelveli, are challenged by the plaintiff.

(2.) The suit has been laid by the plaintiff for declaration and possession of the first item of the suit properties as against the first defendant, after removing the encroachments put up by him and for declaration and permanent injunction in respect of the second item of the suit properties as against the second defendant and for mesne profits.

(3.) Briefly stated, according to the plaintiff's case, the suit properties belonged to the plaintiff - Mosque and the Muthavalli of the plaintiff - Mosque is managing the suit properties by obtaining a Patta and paying taxes etc. While so, according to the Muthavalli of the plaintiff - Mosque, the suit properties had been leased out to the defendants 1 and 2 by Gulam Gousekhan and Atteshkhan without any basis and against law and also without obtaining permission from the third defendant/Tamil Nadu Wakf Board and in this connection, the plaintiff Mosque has already instituted a suit, in O.S. No. 436 of 1993, and obtained injunction, on 07.10.1994, as against them not to encumber the suit properties and now, according to the plaintiff, the defendants 1 and 2 are attempting to encroach into the suit properties by putting up superstructure in the suit properties and therefore, according to the plaintiff Mosque, it has been necessitated to lay the suit against the defendants 1 and 2 for the appropriate reliefs.